Boundary Disputes

Boundary dispute solicitors are often instructed, in cases where neighbours have a disagreement about their boundaries. CompareTheSolicitor.com specialise in finding the right solicitor for you. We give you the confidence that our panel solicitors are fair-minded, professional and charge reasonable fees. You may also need a surveyor to visit, measure and state where the boundary line should be. It is often not possible to do that with precision, and this note is intended to give existing and potential clients a realistic view of what we can do.

Dealing with boundaries is usually best done by your solicitor and surveyor working as a team.

In principle, two things are necessary to determine a boundary dispute:

1. Accurate knowledge of the present boundary positions, in relation to fixed points such as buildings, public roads etc. Surveying for and producing the necessary plans is a job for your surveyor.
2. Information, as accurately as possible, about where the boundary 'should' be. Finding the information to decide where the boundary should be is a task that will be shared between your surveyor and your solicitor.

There are two types of 'correct boundary':

The boundary 'as originally intended'

Your boundary was created at the time when your land was first sold as a separate plot; for instance a house on an estate previously owned by the builder/developer. Land Registry information and other 'title deeds' should help in fixing that date and any documents (title deeds) plans etc. from that time will be particularly relevant.

The boundary as marked by old fences

The boundary as fenced-off on the ground may not be in the same place as originally intended. Because of a part of the law known as 'prescription' (sometimes also known as 'squatters rights') the fence line may eventually becomes the legal boundary, regardless of what is shown on plans. Your solicitor can explain the law in detail but, as a working first principle, you can assume that any fence that has been in place unchallenged for more than 12 years has become the legal boundary.

Sources of information

Information about your boundaries can come from a number of sources, and it is likely that a boundary dispute will involve more than one source (and quite often they will be contradictory).

Land Registry and Ordnance Survey Plans

These are included in a single section because they are effectively the same; the Land Registry title plans being based on Ordnance Survey data. These plans are typically at a scale of 1:1250 or 1:2500 and the Ordnance Survey very helpfully publish data on their accuracy. These plans give a general indication of the boundary line but only become useful when there is a metre or more in dispute. There are three reasons for this limited accuracy:

• The thinnest line on the plan is approximately 0.25mm wide which, at a scale of 1:1250, translates to a zone of some 300mm wide on the ground
• OS plans are not based on a full survey, and much of the detail is infilled between fixed points by plotting from aerial photographs. The OS publish limits on 'relative accuracy' (how accurately one point is drawn relative to another) and this depends on the 'level of confidence' required. At a very basic confidence level of 63% (in other words a 37% chance of being wrong) the relative accuracy is ±0.4 metres. For confidence levels of 95% or 99%, the relative accuracy is ±0.8 metres and ±1.0 metres respectively
• The OS plots physical features, such as buildings, fences or hedges, not 'legal boundaries'. They also state that where two features run parallel and less than a metre apart, they might draw only one line. Therefore, it is not possible, for instance, to decide whether a fence is connected to the corner of a building, or runs parallel to it allowing a side path up to a metre wide

These comments are based on the use of 'original' 1:1250 plans. The 1:2500 plans are correspondingly less accurate. If a line has been drawn over and photocopied, it will appear thicker than the original, increasing the area of uncertainty correspondingly. If a plan has been photocopied then the scale may have altered.

Other Contemporary Plans

Other plans can be found from a variety of sources. Old title deeds may have a 'transfer plan'. If your house was part of an estate, there may be an overall plan produced by the developer. There may be plans related to previous building works on your house or your neighbours' house. Your solicitor may be able to help you in locating these plans, and your surveyor will certainly be interested in any that are found, and will be able to advise you on their usefulness.

Factors to be considered when deciding how useful the plan is include the following:

1. Its date - Plans produced at the time your land was first sold as a separate plot are particularly useful. Alternatively, a series of plans may show the 'history' of a boundary.
2. Its scale - Larger scale drawings are, usually, more precise (and more easy to work with) than small scale drawings. However, beware of drawings that are produced simply by 'scaling up' an earlier small drawing, as they will be no more accurate than the previous drawing.
3. Its accuracy - A rough freehand sketch is obviously less accurate than a more carefully plotted plan. More difficult to detect is the rough plan drawn with a straight-edge but no measurement, as these can be misleading. Bear in mind that distortions can occur when photocopying.
4. Written dimensions - Written dimensions from contemporary plans are extremely useful and less subject to 'differences of opinion' than scaling. Drawings that are a record, measured 'as built' are particularly useful. Beware of 'design drawings' as it is possible that the builder may not have followed dimensions accurately when placing the fences.

Physical Features on Site

There are obvious physical features such as buildings and existing fences. Less obvious but equally important are items giving evidence of previous boundary lines, such as old fence posts, post holes or redundant fixing screws. Our survey and record drawing will include all such features that are visible to us, or pointed out. Subject to a specific instruction, we would also arrange for contractors to excavate in an attempt to locate foundations of old walls.

Physical 'clues' may have been removed or fraudulently interfered with, and all your surveyor can do is plot their present position. Old photographs are often very useful, particularly if they can be accurately dated, as they may show old fence lines, hedges, paths etc. in relation to features that still exist.

If you believe you have an issue that needs resolving by a specialist boundary dispute solicitor, please contact us with a summary of your case and one of our advisors will be happy to help.